DCPREZ-2016-11059 - Laserfiche WebLink

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WHEREAS, pursuant to the approvals granted under Dane County Zoning Ordinance Amendment number 10920, the owner(s) of the above described land placed deed restrictions on said property limiting the allowable land uses of the property to single family detached dwellings on 2-acre areas, with said restrictions recorded in the Office of the Dane County Register of Deeds as document number 5250201, recorded on July 13, 2016. WHEREAS, the owner(s) of the subject property submitted a written petition under Dane County Zoning Ordinance Amendment#11059, calling for the amendment of the restrictions in document number 5250201 to allow for one or more of the units in The Woods at Watch Hill condominium plat to be under 2 acres in size. WHEREAS, following submittal of the petition, Town of Verona approved the requested amendment of restrictions. In turn, the Dane County Zoning and Land Regulation Committee recommended approval of the requested amendment to the restrictions after holding a public hearing on said amendments. WHEREAS, the Dane County Board of Supervisors, adopted Dane County Zoning Ordinance Amendment #11059 allowing for the amendment of the deed restrictions on said property. THEREFORE, the previous restrictions, recorded in document number 5250201 and attached as Exhibit A, are hereby terminated and replaced by the following restrictions: The activities on the property shall be restricted exclusively to the following land uses, and conducted in accordance with the following requirements: 1. In keeping with the development agreement, the unit size shall be calculated by adding the gross area of a designated unit to the area representing the units proportional interest in all common areas, thus allowing 20 units at two acres or more and one unit at 1.9 acres. The restrictions set forth herein may be amended or terminated in the following manner: 1. The owner(s) of the subject property may submit a written petition calling for the amendment or termination of the restrictions. Such petition must be submitted to the Dane County Clerk who shall refer the petition to the Dane County Zoning and Land Regulation Committee (or successor committee), which shall then schedule and hold a public hearing on the petition. 2. The petition shall also be referred to the Town Government of the Town in which the subject property is located. The Zoning and Land Regulation Committee shall issue a written report on the petition to the County Board of Supervisors. The County Board shall, by majority vote, approve or reject the petition. Amendment or termination of the restrictions shall also require the approval of the Town Board. 3. Upon approval of the petition calling for amendment or termination of the restrictions, the owner(s) of the subject property shall draft the amendatory covenant instrument. The owner(s) shall then execute and record the amendatory covenant with the Dane County Register of Deeds. 4. A rezoning of the subject property to a different zoning district shall also act to terminate the restrictions set forth herein.